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2021 MarsdenLR 527
HIGH COURT MALAYA PULAU PINANG
TAN MEI YEAN – Appellant
Versus
GOOI SOO HWA – Respondent
[Civil Suit No: PA-22NCVC-65-04-2020]
A plaintiff's application to strike out a defamation claim can be dismissed if amendments are deemed necessary to properly articulate the cause of action instead of outright dismissal.
Headnote:(A) Defamation Act 1957 – The plaintiff claimed libel arising from a Facebook post accused of being defamatory towards her character – The defendant applied to strike out the claim based on inadequate pleading and failure to provide original text – Court acknowledged power to allow amendments instead of striking out claims and deemed the proposed amendments capable of curing pleadings. (Paras 9-39)
Facts of the case: The plaintiff alleged that a Facebook post by the defendant, which included derogatory images and emojis, portrayed her as promiscuous, leading to personal and familial distress.
Findings of Court: The court found sufficient basis to consider the amendment of the statement of claim was necessary to properly frame the cause of action in defamation.
Issues: The key issues included whether the plaintiff's claims constituted sufficient cause of action for defamation and potential breaches of privacy and nuisance.
Ratio Decidendi: The court determined that the claims, while flawed, had potential merit and decided to allow an amendment to address deficiencies rather than striking out the action outright.
Result: Application to strike out dismissed.
JUDGMENT
Introduction
[1] This is an application by the defendant to strike out the plaintiff's writ of summons and statement of claim dated 10 April 2020 (encl 8). The application was made pursuant to O 18 r 19(1)(a), (b), (c) or (d) of the Rules of 2012. On 29 March 2021, I dismissed the application with costs. This judgment contains the reasons for my decision.
Background Facts
[2] The plaintiff and the defendant who is also known as Ivy Gooi live in the same village ie Kampung Jawi, Sungai Bakap, Penang. The plaintiff's claim is in libel which arises from a Facebook post (or "the article") published on 8 February 2020 from the defendant's Facebook account styled as Ivy Gooi. The article was alleged to have been read and shared by the plaintiff's friends and also by persons who had access to view the defendant's Facebook page. Thus, the pleadings have demonstrated publication to third parties.
[3] The article was written in Mandarin and peppered with various emojis. There were 5 photographs depicting the plaintiff accompanying the article. Two of the photographs have the word "HUSSY" in Mandarin printed on them.
[4] In para 5 of the Statement of Claim the plaintiff pleaded that the article in its original language was attached to the statement of claim as "Annexure A". The Malay Language transcript and English Language transcript of the article were pleaded in the statement of claim. The English Language transcript is reproduced below (the emojis appear in brackets):
Ivy Gooi is at Jawi Village
4 hours. Sungai Bakap
(Tiger) If no action, take it as if I am sick (cat). I have given warning yet you ignored. I shall announce to the world. (hand). Such thick face of you, wanted the whole world to know, kind hearted of me I shall help you, let you in this year (rat) to earn endless money!
Those lonely men (wolf) have a good news (smiley love). Professional homewrecker, seducer, love (banana) so much that not letting it go, good service, not picky, just for pleasure do not want money, welcome for reservation (clapping). If you like it please do not forget to share for more people to get to know (hand).
[5] The plaintiff had pleaded that the article when taken together with the photographs especially the photograph with the words "HUSSY" printed on them refer to the plaintiff and means that the plaintiff is a promiscuous woman (perempuan jalang dan/atau sial).
[6] In para 5 the plaintiff also clearly identified the words or phrases in the article and pleaded what the words and phrases mean:
(i) "not picky, just for pleasure do not want money, welcome for reservation (clapping)" means that the plaintiff is likened to a prostitute but one who does not charge money and would sleep with anyone;
(ii) "love (banana) so much that not letting it go, good service" means that the plaintiff is a sex maniac;
(iii) "professional homewrecker, seducer' means that the plaintiff has no morals and is a person who breakups families by having affairs;
(iv) "if you like it please do not forget to share for more people to get to know (hand)" means that the plaintiff is a seducer of men and is likened to public property willing to have sexual intercourse with any man;
(v) "those lonely men (wolf) have a good news (smiley love)" carry the meaning that the plaintiff is available for sex with any man; and
(vi) "such thick face of you, wanted the whole world to know, kind hearted of me I shall help you, let you in this year (rat) to earn endless money!" means that the plaintiff is assisted to earn money.
[7] In para 8, the plaintiff pleaded the various attributes and inferences the above words and phrases carry in their ordinary and natural meaning while in para 9 particularised the innuendo meaning of the words and phrases when juxtaposed with the photographs and the said emojis.
[8] The plaintiff apart from libel pleaded that the Facebook post, further and/or in the alternative gave rise to (a) breach of privacy; (b) nuisance; and (c) intrusio
